Privacy Policy and Disclaimer

PRIVACY POLICY

MTD Products Australia Pty Ltd ACN 004 873 572 (we, our, us) recognises the importance of your privacy and understands your concerns about the security of the personal information provided to us. 

This Privacy Policy has been developed in accordance with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs). The APPs detail how personal information may be collected, used, disclosed, stored and destroyed, and how an individual may gain access to or make complaints about the personal information held about them. 

Personal information is information or an opinion about an identified individual, or about an individual who is reasonably identifiable.

Sensitive information, a sub-set of personal information, is information or an opinion about an individual’s racial or ethnic origin, political opinions, political association membership, religious beliefs or affiliations, philosophical beliefs, professional or trade association membership, trade union membership, sexual orientation or practices or criminal record, and includes health information and genetic information.

This Privacy Policy details how we manage personal information about you.

We ask that you take the time to read this guide which sets out how we may collect, use and disclose certain types of personal information which we obtain from you, how we ensure that the information is kept secure and how you can obtain access to that information.

What personal information we collect and hold

The kinds of personal information we collect from you or about you depend on the transaction you have entered into with us and may include:

  • your name;
  • your residential, billing and/or postal address;
  • your contact details such as telephone numbers and e-mail addresses; and
  • your transaction and purchase information including serial and model numbers and product registration.

Generally, we do not collect sensitive information. However, we may collect sensitive information from you or about you where there is a legal requirement to do so, or where we are otherwise permitted by law.  In all other situations, we will specifically seek your consent.

If we do not collect, hold, use or disclose your personal information, or if you do not provide your consent, then we may not be able to answer your enquiry or provide the goods that you or your organisation have contracted us to provide.

How we collect and hold personal information

We aim to collect personal information only directly from you, unless it is unreasonable or impracticable for us to do so. For example, we may collect personal information from you through telephone calls with our employees, your emails and other correspondence to us or our employees, our email enquiry form online, letters, account set up, enquiries and contracts for the purchase of our goods.

You can be anonymous or use a pseudonym when dealing with us, unless:

  • the use of your true identity is a legal requirement; or
  • it is impracticable for us to deal with you on such basis.

We do collect personal information about you from third parties who are affiliated with our business, such as the businesses that comprise our retail, dealer and repairer networks.  This will occur, for example, when dealers place your orders with us, and/or for warranty and repair registration and claims.

Cookies

When you visit our website, a small data file called a cookie may be placed on your computer. The purpose of a cookie is to assist us in analysing web traffic by recording information about the pages people visit, so that we know what preferences people have in our store and what they find interesting and useful.

We use both session and persistent cookies.  Session cookies are temporary and expire when you close your web browser.  Persistent cookies remain even after you close your browser or restart your computer. These cookies allow us to provide you with targeted advertising.  We may also use essential cookies to authenticate users and prevent fraudulent use of user accounts.  This information is not linked to your identity or any other personal information that you provide us.

You may be able to set your computer so that cookies are deleted or refused, however this action could impede the functionality of our website.  In particular you may not be able to store your preferences, and some of our pages might not display properly.  If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Why we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information from you or about you where it is reasonably necessary for us to carry out our business functions and activities.  For example, we collect, hold, use and disclose your personal information as necessary to provide our goods and services, for our administration and accounting purposes associated with providing these goods and services, for statistical and data collection purposes, for providing you with information about other goods and services offered by us, for marketing and promotions, and for market research and newsletter / mail out communications.

Where we wish to use or disclose your personal information for other purposes, we will obtain your consent, unless it could be reasonably expected that we would use your information for a related purpose. 

Where we use your personal information for marketing and promotional communications, you can opt out at any time by notifying us. Opt out procedures are also included in our marketing communications.

We may also disclose your personal information to third parties (including government departments and enforcement bodies) where required or permitted by law.  We will also disclose your personal information as relevant to the businesses that comprise our retail, dealer and repairer networks,

How we hold, store and keep secure your personal information

Your personal information is held and stored on paper, by electronic means or both.  We have physical, electronic and procedural safeguards in place for personal information and take reasonable steps to ensure that your personal information is protected from misuse, interference, loss and unauthorised access, modification and disclosure. Our staff members receive periodic training on privacy procedures.

When you provide us with your personal information, it is stored in a secure environment that is accessible only by authorised staff or where off-site storage is required, by authorised professional storage contractors. 

Overseas disclosure

Our business works closely with MTD Products Inc worldwide.  In the course of doing business with you, we may disclose some of your personal information to overseas entities associated with us.  However, we will only do so where:

  • it is necessary to complete the transaction you have entered into; and
  • you have provided consent; or
  • we believe on reasonable grounds that the overseas recipient is required to deal with your personal information by enforceable laws which are similar to the requirements under the Privacy Act; or
  • it is otherwise permitted by law.

MTD Products Inc and its affiliates are located worldwide in North America, Europe, Asia, and Australia.

Destruction and de-identification

We will retain your personal information whilst it is required for any of our business functions, or for any other lawful purpose.  We will take reasonable steps and use secure methods to destroy or de-identify personal information that is no longer required for any purpose for which the personal information may be used under this Policy in accordance with the Privacy Act. 

Requests for access and correction

We will take reasonable steps to ensure that the personal information we use or disclose is accurate, complete and up to date, having regard to the purpose of the use or disclosure.

We rely on the personal information we hold about you to efficiently provide our goods and services.  For this reason, it is very important that the personal information we collect from you is accurate, complete and up-to-date.  To assist us to keep our records up-to-date, please notify us at customerserviceaus@mtdproducts.com of any changes to your personal information. 

We have procedures in place for dealing with and responding to requests for access to, and correction of, the personal information held about you. In most cases, we expect that we will be able to comply with your request.  However, if we do not agree to provide you access or to correct the information as requested, we will give you written reasons for our decision. 

Data Breaches

In Australia, if we suspect that a data breach has occurred, we will undertake an assessment into the circumstances of the suspected breach within 30 days after the suspected breach has occurred. Where it is ascertained that a breach has actually occurred and where required by law, we will notify the Privacy Commissioner and affected individuals as soon as practicable after becoming aware that a data breach has occurred.

Complaints and concerns

We have procedures in place for dealing with your complaints and concerns about our practices in relation to the Privacy Act, and any alleged breach of this Policy.  We will respond to your complaint in accordance with the relevant provisions of the Privacy Act. 

Our Privacy Officer can be contacted to discuss or attempt to resolve any complaints relating to the collection, storage and use of your personal information.  For further information, please contact our Privacy Officer at customerserviceaus@mtdproducts.com .

Changes to this Privacy Statement

It may be necessary for us to review and revise our Privacy Policy from time to time. An amended version will be posted on our website at www.mtd.com.au. We suggest that you visit our website regularly to keep up to date with any changes.

How to Contact Us

Should you have other questions or concerns about this privacy statement, please send us an email to customerserviceaus@mtdproducts.com or to write to us at our Head Office at:

Privacy Officer
MTD Products Australia Pty Ltd
6 Zenith Road
DANDENONG SOUTH VIC 3175
Tel. 1300 951 594

 

Last updated:  October 2018